Starkey and Starkey

In the Family Court of Australia, Ms Starkey (Applicant) and Mr Starkey (Respondent) were involved in proceedings concerning their children. The Independent Children’s Lawyer, Mr Childs, sought interim orders pending the completion of a trial that had been adjourned part-heard. The dispute centred on the arrangements for the children's time with their father, including the continuation of supervised contact and drug testing.

The court was required to determine whether to grant the interim orders sought by the Independent Children’s Lawyer. Specifically, the court needed to decide on the continuation of supervised time between the father and the children beyond a previously arranged date, the provision of updated reports from the contact centre, and the father's compliance with supervised drug testing. The court also had to consider the mother's opposition to further supervised time, based on her assertion that it was upsetting for the children and disruptive to their lives.

Justice Dawe considered the primary considerations under the Family Law Act 1975 (Cth), which include the benefit of a meaningful relationship with each parent and the protection of children from abuse. While acknowledging that a final determination could not yet be made, the court found it significant that supervised contact provided a protected environment for the children's welfare and allowed for ongoing observation of the father-child relationship. The court noted that the mother's concerns about the impact of supervised contact would be balanced against other evidence when making a final decision.

The court ordered that the father spend further supervised time with the children at the Contact Centre on 23 February 2013 and such other dates as the centre could accommodate, with the centre to provide a report on all visits since 22 December 2012. The father was also ordered to attend supervised drug testing within 24 hours of a request from the Independent Children’s Lawyer to his solicitors. The further consideration of the matter was adjourned to specific dates in April and May 2013 for closing submissions.